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tv   [untitled]    January 16, 2012 3:31pm-4:01pm PST

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>> commissioner perez. commissioner hyde: no. joseph, ai. >> thank you and good luck and to all the limited live performance permits dr one more. >> sanchez, marta, casa sanchez, 2778 24th street, limited live performance. >> this is a family-owned restaurant on 24th street and been there for 90-plus years and you will discover in your questioning that they have had live music before and they are here because they want to come into compliance and excited about the limited live
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performance permit and our staff does recommend approval of this permit provided of course that they adhere to the rules within the law of making sure that the music stays inside and stays within noise limits because there are concerns from the immediate neighbors right behind. >> my name is marta sanchez and i'm the owner. my grandfather came here in 1923 with a totilla tucked under his arm and we are a five-generation san francisco family. we have a restaurant at 24th and york and since the 1970's we have been involved with the community and given donations every single week since the 1970's. it has a welcoming atmosphere and because of that, we have had poetry readings, birthday parties, a lot of different types fundraisers and musicians would come and practice and led
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to a regular sunday thing and people started playing live music. we never had a complaint until this time ever since 1923, since we have been here. we never had a complaint for anything. and i didn't know we needed a permit, because i thought it was until 10:00 and even today, people were telling me that you don't need one. since i learned we needed one, i stopped playing music. i got a permit -- but other than that we haven't had any events. and i'm here not just for the restaurant but on behalf of hundreds of people who literally have signed petitions and sent emails and written letters who are here in person who feel that they don't just want it but need it, it's something very important to them and to their
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livelihood. teenagers come in who have no where to go and no temptations of being in gangs. we have children there. we have grandmothers who are there, 80, 90 years old and birthday parties and where do you see 90-year-old grandmothers with live sal smp a music. no where else. our music starts at 1:00 and ends at 6:00 and when we have the one-day permits, we have something else. there were complaints, but it wasn't our business. police went there and found the place closed and never had much music after 6:00. and i just wanted to -- also, we met with the persons to reach a compromise. one of the ladies was very helpful and we came into agreement because we were having
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the music inside and try to keep it down lower with the decibalas and close the patio if we need to and it was ok with her because the volume was her main concern and that worked out well. with the others, i'm not sure -- they said it stressed out their dogs and i should have replaced the wall -- a fence that they wanted me to replace -- i don't know. so other than that, there are a lot of people that do feel it's a very important thing for the mission. commissioner newlin: ok. questions from the commission? >> i just want to say that -- i'm going to vote for your permit, because i have been to a ton of events at your place. casa sanchez is a very important and vital place to the community. and i once moved into an apartment house building named
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casa sanchez and it was on sanchez street and not yours. but i appreciate the fact that your place is there. i just wanted to tell you that. [applause] commissioner newlin: any other commissioners have questions? yes. >> i recommend you for making your space available for the community to do fundraisers. being a neighborhood representative here i know how important it is for the community to have a space like yours. so thank you for having that available. [applause] commissioner newlin: ok. any other commissioners? seeing none. anybody from the public that would like to speak in opposition to this permit, please come forward.
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one at a time. >> dr -- my name is frank duart and i live in back of casa sanchez and a brief history, there has been loud music coming from there -- the front of their establishment on a sidewalk for about the last two years. about a year ago, it stopped, i don't know why, but it did stop and they were blocking the sidewalk and people would have to walk out in the street to get around that 24th street. subsequently, about eight months ago, eight or nine, a band started to play and started to play in their back patio, which is right next to my fence line. and this happened -- this has been happening on thursdays and sometimes on sundays and once in
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a while on saturdays. the noise level is extremely loud. to the point wherein my yard, i couldn't literally do yard work when they started to play their band. i would have to literally go upstairs and put head phones on and go down and continue my yard work. you couldn't hold a conversation in my yard it was so loud. couldn't talk on the telephone in my house. i measured -- is that it? i measured the volume level in my house at 84 dp peak level. the police have been called many times. eventually they confronted marta and marta showed them this permit that she had for one day. i went over there and marta
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showed me the permit. i went down and filed my complaints and the police -- may i continue? commissioner newlin: wrap it up. >> the police did go in there one night and showed them the permit and allowed it to go on. and second time that i got the police -- commissioner newlin: you have to conclude. >> she stopped. and it continued to go and has been going on for the last two months. commissioner newlin: thank you. next speaker. >> i'm here on behalf of casa sanchez and i work in the community to bring live music and to support community building through live music. and marta has asked me to do some booking and i will tell you she will be paying musicians and
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for someone to put guarantees out towards musicians is very rare and that if you want to talk about how this business can regenerate and put local money back into our local economy by hiring our local musicians, that is another reason why you should support this. thank you. [applause] >> i'm one of the people that live right behind casa sanchez and frank hasn't been going on for months but a few years where they start up and the music is so loud, i have to leave my house because they play outside and for some of the bands, the drunker they get, the louder they get. she is trying to have a service
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here and that's just fine, but it shouldn't come at the suffering of the neighborhood. i hope she cannot have musicians outside, because i understand that's not what she is applying for, it's an indoor license. also, i want to make sure that covers boom boxes because sometimes they have parties in the back and they will play one in the back and it is extremely loud. all we're asking for is to have some respect for the neighborhood and not to suffer through all the noise that comes from over the fence. thank you. commissioner newlin: thank you. just for a point of clarification, this is an interior permit only and i would like the audience to ask the respect for everyone to experience their opinion. >> my back yard shows the
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property line with casa sanchez's back patio. we have had to endure this music since the end of february last year. when it plays, like my dad said, i can't spend any time in the back yard. i can't spend any time in my house indoors with the windows and doors shut. i can't carry on a conversation, can't have friends over or talk on the phone. so i have to leave five hours at a time when it plays. the permit is for indoors. and i realize that, but the indoor space, there is only 10 small tables in there. i don't see how they have space for a live band indoors, because i don't think there's not enough room to play and i think -- if it's as loud inside as it is outside, people won't be able to talk and order food. my dad has tried to negotiate with marta sanchez and talked
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about us getting dual-pane windows and she said she had no intention of stopping the music. and repeated calls haven't stopped the music until she applied for the music. in an attempt to compromise, she initially agreed to play indoors and keep the door to the back patio shut, but as the conversation continued, she did agree that she wants to be able to play in the back yard sometimes. and i don't think the door is going to stay shut. i don't think customers on the back patio are going to want to hear the music. i imagine the door will stay open. and i feel that this has shown a lack of regard for the neighborhood. she knows this is really upsetting and absolutely unbearable and i don't want casa sanchez's band schedule to dictate when i leave my house.
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so because we have found her not reasonable in negotiations and including last sunday night, i recommend not granting the permit. commissioner newlin: thank you for your comments. >> good day, commission. i live directly next door to casa sanchez. i enjoy their music and i eat there frequently and i don't see their music intruding into my home. i don't know if drug use enhances people's music. i play music and i can't hear my own music and television in my own home. and i wanted to share that with you. thank you very much and have a nice day. >> good evening. i live in the mission district since 1970, 24th and harrison. casa sanchez is an icon and culture and music is part of the
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culture. the people opposing this type of action would be like telling them to shut down the hathe street fair. all part of san francisco, the music, culture, the people, if you don't like it, don't live there. thank you. >> i would like to address -- i'm one of the musicians that plays at casa sanchez and mary said the drunker the louder we get. i have been drug-free and alcohol-free and that has to do with the support of casa sanchez. not everybody is a drunk that walks in there and there are people that are welcomed to go there no matter who they are or what nationality they are. it is very diverse and i want to address, it was some months back
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and said there is music still. there is no music. the day of the last event was for a birthday party for a terminally ill friend of ours who just past a couple of weeks ago and it was her birthday party and we asked the neighbors to please let us happen and they said they would let us know. we appreciate that you said that, but you didn't do that. we happened was the police came and shut it down and the memory of this lady of her birthday, cancer, is a memory of her getting shut down and i just felt down i feel like marta is trying to work with the neighbors around her and i don't think they would complain if pop's bar was too loud. i used to live on top of pop's bar and used to hear the good music. it's a good event and positive thing.
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they are going to be indoors and can work. give it a chance and grant the permit. thank you. [applause] >> good evening, commissioners. i have been a patron of casa sanchez for many years. principally because i used to work with marta's husband. the music that they play is acoustic. it's not amplified. they have tried to work with the neighbors by keeping the music indoors. i think the music in a mexican restaurant or most any restaurant actually adds to your dining experience and helps to bring people back to your establishment. casa sanchez is a community. they have hosted cancer benefits, birthday parties and we've met with friends in their
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restaurants many times. it's a nice atmosphere, it's a nice space to be in and marta is a very good hostes. we need to help small businesses to succeed and thrive as much as we can in san francisco. [applause] commissioner newlin: we've got to get through this, folks and ask you to refrain from the applause. we get the effect that you are supporting this. >> they are being krt as they can and if adding music will help their business, i ask you to approve their permit. >> good evening, mr. chairman and commissioners, i'm a native and born and raised in the mission district. and i take pride. and you have heard the sanchez family has five generations established in making this business flourish in the mission district.
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i have spent my entire adult life spending 99% of every dollar i ever earned supporting local businesses, especially family-owned businesses. it's very difficult to maintain a presence here and we have an alarming rate of loss of small businesses, especially where restaurants are concerned. this is an honorable family, commissioners. this is one that you can support. this is a family that the neighbors should be able to speak with and talk with because they are in a position to resip row indicate. they have been there when the community needed them. it's a type of business that i'm always asked to bring people from out of town to and we want to make 24th street flowish. this is an integral part of our community and ask for your support for this family-owned business and i thank you for your attention.
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>> commissioners, i'm brook oliver and entertainment attorney in san francisco. i'm not representing casa sanchez in this application but here as a neighbor and a resident of the mission district. i have compassion for the neighbors who are experiencing inconvenience because there is music but it is acoustic music. and it's almost always during the day. and casa sanchez is a community institution. you can see the number of neighbors that are here supporting this application because it provides so much joy. and so, you know, it's a matter of policy that you have decided to offer limited live
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entertainment permits. i'm sure as you did that, you recognize there is a balancing of the interests between the neighbors and the people who enjoy music and the small businesses that want to have that as part of their facilities. and casa sanchez is a restaurant. it's not an entertainment space. so it meets the first criteria for getting a limited live entertainment permit. casa sanchez always ends its performances and will continue to end ilingts performances by 10:00 p.m. the live performances do not include d.j.'s but local musicians and the area of space occupied by the performer is less than 200 feet. so all of the elements that are required to get this permit are there. and more than that, casa sanchez is one of the best neighbors anybody could ever have. people come here and need a taco or encilada and it's been
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happening for 90 years. i beat each of you have casa sanchez chips or salsa that you have eaten and i urge you to support this permit and to pass it with deference and respect. commissioner newlin: thank you. got the message. >> i'm from the network of local businesses and there is a bond between the local businesses and the people that live in the mission and spend time and money there. i'm speaking in favor of the permit. casa sanchez is a wonderful business, a wonderful pillar and beacon of the community. the person who spoke against the permit talked about respecting the wishes of the neighborhood and i have been listening here tonight and i feel the
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neighborhood speaking very clearly that the neighborhood wants this. the past year, the mission has gotten quieter, there is a wonderful business that went under and it was a wonderful -- pillar of music in the community. all kinds of musicians and all kinds of records and no longer with us. and i think that in their absence, the business that has gone and taken those is casa sanchez and brought the musicians and the community craves it for and brought it back and live and people can enjoy it. in terms of the music going too late, the music is going between 1:00 and 6:00 and i'm going until 5:45. i have not noticed it going late and i have heard many residents and residents of the community talking about the fact that they love the music, they love the
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business and valued member of our community and i urge to support the permit. >> is there anybody remaining who wants to speak against the permit who hasn't had an opportunity to speak? we are hearing the same thing over and over again. if i could ask for a show of hands of everybody that has not spoken, but is in favor of the permit. ok. that says a lot. ok, if it's ok with you to keep us from being here until midnight -- [laughter] >> unless somebody has something absolutely that has not been said by somebody else, we'll take this item under submission. ok. thank you. commissioners. >> to staff, i want a clarification on limited live on doors and windows, is doors and windows permitted open? >> they are supposed to be
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closed. >> and you have a lot of paper tonight, might need some sheparding, on this item look at the proposed conditions from the police department. >> i don't have that. i looked through my paperwork. may i borrow yours please. >> read it into the record so everybody is on the same page. >> i couldn't find that -- commissioner newlin: let's get it so everybody hears it. the police department recommends the approval -- has no objection provided that there be at least one security personnel for 75 people attending the events and one security guard present at the opening time at each and every event sm the security personnel shall remain until one half hour after the closure of each day. security staff shall walk 100 foot area around the event to
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assure the safety of patrons and local businesses. the event shall be limited to the interior. the back patio will not be used for entertainment or performance. no noise shall be audible. if sound complaints are received and delivered, the applicant shall immediately turn down the sound level to an acceptable level agreed upon by the sfpd. privileges of this permit may be suspended at any time by the direction. loitering is to stand about, wandering aimlessly is prohibited on any sidewalks adjacent to the licensed premises. nono person shall be allowed to enter or be served alcoholic beverages in the area under control of the licensee and shall be escorted from the area. that is from the captain of a
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mute -- mission police station. >> to staff, a couple of other things. am i incorrect in saying only we can suspend a permit? and no police officer can do that? ok, and is a permit is required to have security? it is not. but it is required that the doors and windows that we discussed. i would like to make a motion. president newlin: let's see if any other commissioners have. >> i can make a motion. >> the good neighbor policy applies. it says that the permit holder should provide a cellphone number to all interested neighbors that will be answered at all times by a manager of --
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or other responsible person to respond to the complaints whenever entertainment is provided. how will this applicant announce the phone number? president newlin: could you come back up to the podium? you have heard these comments and requirements from the mission where your neighbors have a self on and that they can request the music turned down. are you aware of all of that? you are willing to abide by all of those stipulations? >> at the patio we have a birthday party is where kids comes in. -- kids come in. >> another question to staff is although entertainment is
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entertainment, when done outside, where does, like for a birthday party, i don't understand the fine line between the first amendment and entertainment that has to be permitted. if they have a party outside and there is no music, and that is free speech. >> that is correct. >> if they had an acoustical guitar, does that fall under this permit? >> this covers the interior only. if she uses her back patio with amplification it requires a loudspeaker permit from the staff. that is a separate permit. she has people outside on the patio, and that is not a question being considered for this commission but you might want to clarify if she says per se party, what she means so
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there is the same communication. >> to you have music? >> sometimes they will have a boom box. >> is that considered amplified music? yes, it is. all right, so --- president newlin: you would need a separate permit. >> what about poetry reading stacks -- readings? >> we cannot stipulate to the type of entertainment. the only thing we can do here is conditioned on time, place, and manner. that is what we're discussing. if she has entertainment outside and it has amplification it

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